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`1.
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`I am an attorney at Kobre & Kim LLP, 150 California, 19th Floor,
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`San Francisco, California 94111, which has been retained by Patent Owner
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`Rosetta-Wireless Corporation in this inter partes review.
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`2.
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`I make this affidavit in support of Patent Owner’s application for my
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`admission pro hac vice.
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`3.
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`I am a member in good standing of the bar in California. I am also
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`duly admitted and authorized to practice law before the United States District
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`Court for the Northern District of California, United States District Court for the
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`Eastern District of California, United States District Court for the Eastern District
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`of Texas, United States Court of the Appeals for the Ninth Circuit, United States
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`Court of the Appeals for the Federal Circuit, and United States Supreme Court.
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`4.
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`I have not had any application denied for admission to practice, nor
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`have I been sanctioned, cited for contempt, suspended or disbarred from practice,
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`before any court or administrative body.
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`5.
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`If admitted pro hac vice in this matter, I will serve as counsel with
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`Miranda Y. Jones and Michael F. Heim of the law firm of Heim, Payne &
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`Chorush, L.L.P. Ms. Jones is lead counsel on this case and is registered to practice
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`before the United States Patent and Trademark Office (“USPTO”).
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`6.
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`I understand that, upon admission pro hac vice, I will be subject to the
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`0001
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`Rosetta-2015
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`USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
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`to disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`7.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of the C.F.R.
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`8.
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`I hereby agree to notify the Board immediately of any matter affecting
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`my standing at the bar of any other Court.
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`9.
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`I have not applied to appear pro hac vice in any other matter before
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`the Office in the last three years.
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`10.
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`I have an established familiarity with the subject matter at issue in this
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`proceeding, having represented Patent Owner in District Court proceedings
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`involving the same technology (Rosetta-Wireless Corp. v. Apple Inc. et al., No. 15-
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`cv-00799, (N.D.Ill) and Rosetta-Wireless Corp. v. Samsung Electronics Co., Ltd. et
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`al., No. 15-cv-10605, (N.D.Ill)). I have carefully studied the patent-in-suit,
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`including its prosecution history, and have conducted many interviews with the
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`inventors regarding their invention, the prosecution history and the patent. I am
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`intimately familiar with the positions taken by the petitioners and the other
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`defendants in the above litigation, and have provided counsel to the inventors in
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`connection with litigation involving a foreign counterpart in the United Kingdom.
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`More generally, I am an experienced patent litigator, having litigated numerous
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`patent infringement cases, for both plaintiffs and defendants, at both the district
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`0002
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`court and Federal Circuit levels. I have, for example, served as trial and appellate
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`counsel for the Australian national science agency, Commonwealth Scientific and
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`Industrial Research Organisation, including in the currently pending CSIRO v.
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`Cisco, Eastern District of Texas Case No. 6-11-cv-343 and Federal Circuit Case
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`No. 15-1066.
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`11.
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`I hereby respectfully request that the Board grant Patent Owner
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`Rosetta-Wireless Corporation’s application to permit me to appear and participate
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`pro hac vice in this proceeding.
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`12.
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`I understand that willful false statements and the like are punishable
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`by fine or imprisonment, or both, under 18 U.S.C. § 1001, and may jeopardize the
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`validity of the application or any patent issuing thereon. I declare under penalty of
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`perjury that the foregoing is true and correct.
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`Executed on May 31, 2016
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`/s/ Daniel A. Zaheer
`Daniel A. Zaheer
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